► to the conditions which may be used by a state for not providing an automatic attribution of its nationality to stateless children born on its territory but offers the possibility to acquire the nationality at a later moment, has been endorsed by the United Nations Human Rights Committee in its decision on the interpretation of Article 24 (3) of the International Covenant on Civil and Political Rights in the case Denny Zhao v. The Netherlands (2020).105 In respect of birth registration, the judgment of the ECtHR in G.T.B. v. Spain makes it necessary that states be flexible when applying rules on birth registration, and special attention needs to be given to the registration of children born abroad.106 96. These developments raise the question of whether to revisit the existing standards of the Council of Europe as contained in earlier instruments and, if so, whether the Council of Europe should embark on the revision of Recommendation CM/Rec (2009)13 of the Committee of Ministers or on the preparation of another type of instrument containing updated principles on issues such as statelessness determination procedures, and training of stakeholders in the field of statelessness and nationality, which could take the form of guidelines or practical tools. 97. Revisiting the positions taken by the Council of Europe in earlier instruments and, in particular Recommendation CM/Rec (2009)13, would build on the answers provided by member states to the questionnaire sent out in June 2024; relevant case law of the European Court of Human Rights and the UN Human Rights Committee; analyses on statelessness related issues in member states by a number of stakeholders, in particular institutional partners such as UNHCR and the European Migration Network (EMN), and civil society partners such as the European Network on Statelessness (ENS) and the Global Citizen Observatory (Globalcit); as well as the increasing number of comparative studies published by academics on statelessness related issues. B. Different options for a new instrument 98. In line with the terms of reference of the CDCJ, the most appropriate legally non-binding instrument to address the situation of stateless children’s access to nationality should be examined. There are different avenues to consider to inform any decision on the most effective way forward. 105. See Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication CCPR/C/130/D/2918/2016. 106. G.T.B. v. Spain, No. 3041/19, § 129, 16 November 2023. Page 34 ►Stateless children’s access to nationality